Basis for land allocation, land lease, and permission to change land use purpose

Article 116 of the 2024 Land Law stipulates the basis for land allocation, land lease, and permission to change land use purposes, as follows:

1. The basis for land allocation and land lease through land use rights auction is the document approving the results of the land use rights auction by the competent state agency.

2. The basis for land allocation and land lease through bidding to select investors to implement projects using land is the document approving the results of investor selection for projects organized by bidding to select investors to implement projects using land according to the provisions of law on bidding.

3. The basis for land allocation and land lease without auction of land use rights or bidding to select investors to implement projects using land; permission to change land use purposes, except for the case specified in Clause 5 of this Article, is as follows:

a) For projects in the list specified in Point b, Clause 3, Article 67 of this Law, the basis is the annual district-level land use plan approved by the competent authority and the investment decision according to the provisions of the law on public investment or the decision to approve the investment policy at the same time as the investor approval or the decision to approve the investor according to the provisions of the law on investment, the law on housing or the document approving the results of investor selection for investment projects under the public-private partnership method.

b) For projects specified in Clause 4, Article 67 of this Law, the basis is the investment decision according to the provisions of the law on public investment or the decision approving the investment policy at the same time as approving the investor or the decision approving the investor according to the provisions of the law on investment, the law on housing or the document approving the results of investor selection for investment projects under the public-private partnership method.

4. In case of deciding or approving the investment policy of a project with a schedule or land recovery, compensation, support, and resettlement according to schedule, the competent state agency for land allocation and land lease shall decide on land allocation and land lease according to the schedule of the investment project, land recovery, compensation, support, and resettlement.

5. The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority.

6. The basis for land allocation, land lease, and permission to change land use purpose in cases not subject to investment policy approval or investor approval under the law on investment shall be implemented in accordance with Government regulations.

7. The Government shall provide detailed regulations on land allocation, land lease, and change of land use purpose.